Overview

Boies Schiller Flexner excels in the defense and prosecution of complex, high-stakes antitrust cases, and the defense of antitrust and competition-related government investigations, including criminal matters. Our partners have served as lead trial counsel or co-lead trial counsel to some of the most important antitrust cases in history, including United States v. Microsoft; United States v. AT&T; and O’Bannon v. NCAA.

Our exceptional track record is based on our ability to make the complicated understandable and win cases at trial. Clients say we are “obsessively prepared” and “simply outflank the opposition.” Our partners include some of the most eminent practitioners in the field today, from a former Director of the FTC Bureau of Competition to a former Deputy Assistant Attorney General in the DOJ Antitrust Division, as well as other partners and associates with significant government and trial experience. Our work has won every major award from leading publications and ranking services, including The American Lawyer, Chambers USA, The American Law Journal, The Legal 500, and Time magazine.

The Antitrust group represents both plaintiffs and defendants, providing an unparalleled perspective to clients in complex and/or novel actions. We became pioneers in plaintiffs’ side international pricing cases when we brought the first antitrust lawsuits against certain Chinese manufacturers for conspiring to fix the prices of Vitamin C and Magnesite sold in the United States. We won several summary judgment motions, each affirmed on appeal, for a company alleged to have violated federal antitrust laws through its retail advertising and wholesale distribution policies. Damages sought ranged from $85 million to more than $1 billion. We also obtained in excess of $4 billion for American Express in its lawsuit against Visa and MasterCard, as well as a $512 million settlement in In re Auction Houses Antitrust Litigation.

Our partners have a strong record of positive outcomes in defending mergers, acquisitions and joint ventures before antitrust enforcement agencies at the state and federal level including, when necessary, at trial. Among others, we successfully defended Northwest Airlines in a DOJ action to enjoin its acquisition of majority voting rights in Continental Airlines; Southwestern Bell in its acquisition of AT&T; and Universal Music Group in connection with the acquisition of EMI Music. We are also frequently asked to represent third parties who have concerns about proposed mergers.

The group also has extensive experience representing health insurers, healthcare providers, and pharmaceutical companies in connection with mergers and acquisitions, antitrust litigation, government investigations, and antitrust counseling. We are currently serving as co-lead counsel in a class action case challenging the territorial restrictions and MFNs used by Blue Cross entities across the United States.

In addition to civil antitrust enforcement, our lawyers have defended corporations and senior corporate officers facing criminal prosecution in a broad variety of industries, including transportation, telecommunications, securities, metals manufacturing and distribution, synthetic and refinish materials, chemicals, commodities trading, and consumer electronics.